Hon'ble SC has given a judgment in a case titled as:
Jitendra Panchal v/s Intelligence Officer, NCB and Anr.
Criminal Appeal No. 1660 of 2007 decided on 03.02.2009
SC says (in para no. 26 & 27)
Accused smuggling Hashsish from Nepal to India and thereafter smuggling the same to USA- Accused arrested in USA and convicted under Narcotic Act of USA on charge of conspiracy to possess with intention to distribute the Narcotic and sentenced to 54 months imprisonment- after serving the sentence, the accused deported to India-accused arrested in India and sent for trial on charge of offence possession and export to USA - NOT ILLEGAL.
two aspects are involved here one is that of territorial jurisdiction and other is that of double jeopardy.
pls read the judgment and leave ur comments :-)
